As an employer, it's imperative to prioritize the safety and well-being of your employees. However, good intentions alone won't suffice. You require a comprehensive checklist of the employer's duties to ensure practical and realistic compliance with a gender-sensitive culture.

This blog provides a practical guide on comprehensive compliance with the Prevention of Sexual Harassment (PoSH) regulations. You can use it as a checklist while discharging the employer's duties. Here's a list of actionable items to help you achieve a safe and inclusive workplace environment:

1. Ensure a safe and secure working environment that is free from sexual harassment.

   As an employer, it's crucial to provide a safe and harassment-free workplace for all women, regardless of the number of employees. This duty also extends to ensuring safety from individuals who come into contact with employees at the workplace, such as clients, vendors, and visitors. To achieve this, follow the steps outlined below. Additionally, ensure that your managers receive comprehensive training, as they are responsible for upholding the organization's standards at all levels.

2. Create a comprehensive PoSH policy

   It's essential to develop a detailed framework for preventing, prohibiting, and redressing sexual harassment complaints in your workplace. The policy should be written in simple, easy-to-understand language for the employees' benefit. To ensure that there are no gaps or loopholes in the policy, you can seek assistance from organizations with expertise in this area. Investing approximately INR 20,000 in a policy draft would provide an excellent foundation and guiding principle for all subsequent efforts. It's important to note that in case of a conflict between the PoSH Law and the organization's policy, the policy prevails if the PoSH Law has subjected that Section to the Service Rules (policy). Therefore, it's crucial to conduct due diligence when developing a policy.

3. Establish an Internal Committee (IC) for ten or more employees

   It's essential to note that the number of employees, regardless of their gender, determines the need for an IC. This committee is established under Section 4 of the PoSH Act to receive and redress sexual harassment complaints. As an employer, it's your responsibility to widely publicize this Section 4 Order, including the IC members' names and contact details, among your employees. You're also mandated to display this order in a prominent location, which, in a hybrid workplace, means posting it on the intranet and office premises. It's advisable to randomly ask employees about the IC members and how to contact them.

4. Provide Orientation and Capacity Building for the IC

   It's essential to provide orientation, intensive skill and capacity-building training, and regular refreshers to the IC members. An untrained IC can mishandle an inquiry in numerous ways, defeating the purpose of the IC and leaving the workplace and employer vulnerable to various issues, potentially leading to litigation. Therefore, as an employer, it's your responsibility to ensure that the External Member of the IC is a lawyer with credible credentials.

5. Conduct Employee Awareness Sessions

   It's crucial to conduct regular awareness and sensitization training for all employees every year. New employees must attend this training during their orientation so that they are sensitized to a culture of respect. It's important to note that mandatory attendance at PoSH training without sensitization can sometimes do more harm than good. Therefore, it's crucial to focus on creating a safe and inclusive workplace environment by sensitizing employees to PoSH principles.

6. Provide Facilities to the IC to Function Efficiently

   As an employer, you must provide all the necessary facilities to the IC to discharge their duties effectively under the PoSH Law, including a suitable place to handle complaints and conduct inquiries confidentially, assistance in securing the attendance of the respondent and witnesses, and providing access to information and documents such as CCTV footage, call logs, emails, and chats.

7. Display Penal Consequences of Sexual Harassment

   It is essential to communicate the penalties the IC can impose on an offender in case of sexual harassment. This information will act as a deterrent and create awareness among the employees about the seriousness of the issue. We recommend using the penalties specified in the PoSH Policy.

8. Monitor Timely Submission of Reports by IC

   As an employer, it's essential to monitor the IC's timely submission of reports, as they must complete the inquiry within 60 days and submit the report to the employer and both parties within 10 days; ensuring that the IC adheres to the timeline while following the principles of natural justice and nothing gets compromised.

9. Act on the IC's Recommendation

   It's crucial for employers to take action on the IC's recommendation, which may include punishment for the offender and compensation for the victim, ensuring that the punishment is commensurate with the severity of the offense and the impact on the victim, and that the employer takes action within 60 days of the IC Order while avoiding prolonged delays.

10. Consequences of Non-Compliance with PoSH Law

    The non-compliance with the IC Constitution, the IC Order, or any other provisions of the PoSH Law can result in severe penalties, ranging from a fine of INR 50,000 to cancellation of the business license, making it crucial for employers to prioritize compliance with the PoSH Law.

11. Compliance with Internal Committee Constitution

    It's imperative for employers to include a statement in their Director's Report confirming compliance with the provisions related to the constitution of the Internal Committee. This statement must be submitted to the Registrar of Companies every financial year. Failure to comply may result in penalties ranging from INR 50,000 to 25 lakhs. Additionally, any officer in default may be subjected to a fine of INR 50,000 to 5 lakhs or imprisonment up to 3 years or both. It's crucial to ensure compliance with these regulations to avoid any legal consequences.

12. Effectively Disseminate the PoSH Policy to All Employees

    The employer has a responsibility to ensure that all employees are aware of the PoSH policy and know where to access it. We recommend disseminating information about the policy through a variety of channels, such as email communications, posters, and training sessions. This will help to ensure that all employees are fully informed about the PoSH policy and can refer to it as needed.

13. Submit the Annual Report for each Calendar Year to the District Officer

    Under Section 21 of the PoSH Law, the IC is required to submit an annual report to both the employer and the District Officer. However, it is the employer's responsibility to ensure that the IC complies with this requirement to maintain transparency and accountability.

In addition to ensuring compliance with reporting requirements, we recommend implementing a comprehensive PoSH Policy that covers all aspects of preventing, prohibiting, and addressing sexual harassment in the workplace. By doing so, the employer can create a safe and respectful work environment for all employees while avoiding penalties for non-compliance with the PoSH Law.

Author: Sumali Nagarajan, AVP - Content & Training Editor: Akanksha Arora, AVP - Legal & Training

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